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04-04-77
r CITY OF LAKEVILLE COBNCIL MEETING APRIL 4, 1977 The meeting was called to order by Mayor Mako at 8:00 P.M. The flag pledge was given. Roll call was taken. Present: Emond, Mako, Curry, Zaun and Clarkson. Also pre- sent: Patrick Farrell, Steve Michaud, Jim Robinette, Dennis Feller, and Patrick McGarvey. 77.157 Motion was made by Mako, :.seconded by Zaun to approve the minutes of the March 21, 1977 Council meeting"as amended to include a statement from Mrs. Curry in the deletion of the word "charges". Ro11 call was"taken"on the-motion. Ayes, Mako, Curry, Zaun, Clarkson. Nays, none._ Councilman Emond abstained as he was not at that meeting. 77.158 Motion was made by Zaun, seconded by Clarkson to approve the minutes of the March 29, 1977 Special Council meeting. Roll call was taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson. Nays, none. Cauneiiman Emond:. abstained as_he was not present at that meeting. 77.159 Motion was made by Emond, seconded by Zaun to approve the claims as presented for pagment. Roll call was taken on the 'motion. ;Ayes, Curry; Zaun, Clarkson, Emond and Mako. Staff reports: Pat Farrell presented a petition received from Attorney Glenn Nord requesting vacation of :a. small piece, t~f ~ragerty acijaceiit to Gepharts .furniture store. He advised the Council that a publie hearing would have to be set. 77.160 Motion was made by Emond, secdnsied'-by.Gurry to accept-the petition and direct the City Administrator to set a,puble,hearing on the request for the vacation of a 1'~ foot wide strip of property. RoII call was taken`on the motion. Ayes, Clarkson, Emond, Mako, Zaun and Curry. 77.161 Motion was made-by Curry, seconded"by Zaun to authorize 'the Mayor and Clerk to execute a conveyance of tax lands as,re~commended bq,the City Attorney. Roll call was taken on the motion. Ayes, Errand, Mako, Curry, Zaun and Clarkson. 77.162- Motion was made by Curry, seconded by`Zaun to authorize>the City Attorney to deal with the Berglund-Johnson request for arbitration an the water booster station. Roll: call was taken on the motion. Ayes, Mako,, Curry,-Zaun, Clarkson and Emond. 77.163 Motion was made by Emond, .seconded by Curry to authorize the purchase order for the fence :material for the-two pools in Valley Park to Midwest Fencing as re- commended in a memo from the Park and Recreation 'Director. Roll call was takes un the motion. Ages, Clarkson, Emond, Mako, Curry and Zaun. Mr. Sanders Ackerberg, architect for the.Liquor Store project presented a bad- - abulation an the bids received for the Liquor.Store project cm March 31, 1977. Mr. Ackerberg reviewed the'bds with the'Coun.cl. 77.164 .Motion was-made by Zaua, seconded by Emond to receive the bid tabulations. from .the arclxtect. .Roll call was taken on the motion. Ayes, Emond, Mak©, Curry, Zaun and :Clarkson. At this time the Finance Director, Mr. Feller, presented a report an the status of the Liquor Store funds and the suggested financing for the Liquor Store im- `provement project.. It was recommended that the Council sell liquor revenue bands in the amount of $200,000 for this .project. It was also recommended that the payment-.for the bonds be-spread over a ten year;periad, and that a reserve fund equal to the first years principal anii interest 'payment be set aside front' the present cash on hand. _h CITY OF LAKEVILLE COUNCIL MEETING APRIL 4, 1977 77.165 'Motion was made by Zaun, seconded by Emond to receive the report from the Finance Director on the Liquor Store project financing. Roll call was taken on the motion. Ayes, Mako, Curry, Zaun, Clarkson and Emond. At this time a citizen presented a petition to Mayor Mako objecting to ..the ,Liquor Store project, which the Mayor received and :read. 77,166 Motion was made by Mako, seconded by Clarkson to receive the petition on the Liquor Store improvements. Roll call .was taken on the motion. Ayes, Gurry, Zaun, 'Clarkson, Emond and Mak©. At this time the Mayor called on Mr. Ackerberg to review the 'project far the Council and'the citizens present and explain the recommendations from .the architect,- he'City Administrator, and Liquor Stare Manager concerning the project. Mr. Ackerberg displayed a floor plan of the building and the pro- ; perty and reviewed the project. 77.167 Motion was made by Mako, seconded by'Clarkson to accept .the recommendations of the architect,..City Administrator, Liquor Store 'Manager and to adopt Resolution'#77-Z1 awarding `the project. to the low bidders. At this time the `Mayor opened the motion for discussion. Several members of the Council asked: questions, concerning the bids which the 'architect answered. Linda'Ansel questioned if an iron =.filtsation pleat was needed more-than a Liquor Store expansion or a-new City Hall. Mayor, Mako answered that a City Ball will: only be built if and when a bond referendum is approved by the citizens andChat tht Liquor Store improvement is being paid for strictly from revenues xa~sed the Liquor Store-business. ` `The Mayor also explained ::that the Lgiuar Store busi~res~ does benefit a].1 of the citizens in the community in that it prQVid,es,•~d has .provided for the past 14 years, funds for use in the General Fund operations of the`City: Mrs. .Curry explained that -at this time- she,,could support -the ;roof improve- ments, purchasing .the cash registers, and•liquor dispensing system, but could not support the rest of he improvements because these have been no market. studies. r_, Mayor Mako explained that the cash registers, smoke filt~r"~and odor system, liquor dispenser, and roof improvements need, to be made even'i.f there were no expansion in this project. One citizen stated that he thought the price of the Off-Sale iquor is too high in the store. At this time, the roll call was taken on the motion. Ayes,. Zaun, Clarkson, Emond,,Mako. Nays, :Curry.' At this time the'City Finance Director, Mr. Feller, presented-a report on .the `1976 General Fund receipts and expenditures, and reviewed it with the Council. 77.168. Motion`was made `by Mako, ..seconded by Clarkson to extend the best wishes to Mr. Feller. on his marriage. :Roll call was taken an the motion. Ayes, Clarkson, Emond, Mako, Curry and Zaun. 77.169 Motion was made by Emond, seconded by Zaun to receive and accept the Finance Directors report for the 1976 General Fund and Building Fund report. Roll call was taken on the motion. Ayes, ESn?ond, Mako, Gurry,, 2aun'and Clarkson. At thin. time the Council took up the consideration of the contract, with the archi- test for the design of anew City Hall. Mayor Mako asked Mr. Ackerberg to briefly explain to the Council and citizens 'how the question of anew City.. Hall had arrived at this point.: -2- 4 CITY ;OF LAREVILLE COUNCIL MEETING APRIL 4, 197.7 Mr. Ackerberg presented a chart showing some 24 steps toward hopefully build- ing and completing a City Hall. He-explained that the time period developed in this chart for all of these steps Tray include three years. Mr. Walter Sternberg stated that he was opposed to the project because he has to .pap for it. Mrs.-`Curry stated that the City cannot. make a grant application for Federal assistance without some preliminary plans. She explained that future Councils and citizens will have ;to make the final decisions and that this is the be- ginning of a good planning process. ~ ' 77.170 'Motion was made by Emond, seconded by Clarkson to approve the contract with ' ,Ackerberg'& Associates with the letter received from Mr. Ackerberg dated---_ March 22, 1977 as an addendum to the ct~ntract., Roll call was taken on the motion. Ayes, Mako; Curry, Zaun, Clarkson and Emond. 77.171 Motion was made.: by Zaun, econded by Clarkson to receive a petition from the residents of Jackson Heights 2nd Addition requesting street paving. Roll call was aken t+n the motion. Ayes,"Curry, Zaun, Clarkson, Emond and Mako. 77.172 .,Motion was atade by Mako, seconded by Zaun to amend Resolution ~~7 T-17 by estab- lishing he City policy of not deducting funeral leave from the employees sick leave using the following language.'`"In the event of a death in the immediate family,'the employee may take up to'=three days leave with this bate not. to be deducted 'from sick leave or vacation. The immediatefamily shall mean mother, father, mother-.in-law, father-in-law, husband, wife, son, daughter, brother or sister,`and grandparents of the employee." Roll call was takes on the motion. `Ayes, Zaun, Clarkson, Emond, Mako and Curry. Action ran:"the Youth Advisory. Gozrm?ittee appointments and terms was tabled to the April' 18th meeting.` Action on the request from Mr. Larkin, Chairman of-the Pan-O-frog 1977 carnival to close.2O8th'Street from Howland.Avenue'to,Holgoke was tabled to allow the -staff'to contact residents in the-area concerning the request to use 208th Street for the carnival site. '.77.173 Motion was made by .Mako, .seconded by Zaun to direct. the Citg Administrator 'to check out what the tenants along 208 h Street aad`that area felt concern- ing the street being. used far the carnival. Roll call was taken'on the motion... Ayes, Clarkson, Emond, Mako, Curry and Zaun. ..Other. business items:.. Councilman"Zaun reported on the discussions that were held at a joint meeting with the Apple Valley City Council on March 30, 1977. :The discussion. concerned `the constructoa of a bicycle„path from Valley Park to the new elementary school in Apple Valley and to the shopping center complex to the north. .Also discussed were the costs and method of .improving Cedar Avenue in the future, and he ambulance service contract which Apple Valley, Lakeville, and Farming- ton'are jointly involved :with, Also discussed .was .the dog pound facilities. At this time Mayor Mako explained that he felt a policy was needed for de- partmentheads`of the City of Lakeville to keep written records of their contacts with'Gouncl members and`to advise .all the Council members when it `occurs . Iiarianne Curry stated that she had several questions as to what the roles -.and .authority of the Mayor and Administrator were. She gave a written copy of her questions to the City Attorney and asked that a written response be prepared from him. Mayor Mako explained that he thought future City Council meetings"should be `taped.. -3.. r r t CITY OF LAKEVI'LLE COUNCIL MEETING APRIL 4,..1977 Councilman'Clarkson stated he felt the black dirt and seeding around Valley -Lake should have some black dirt and seeding soon. Mr. Michaud reported that -.this is scheduled. The Public Works Committee members decided they would set a date after the meeting for a review of the 1977 utility budget. The date was set for April l3 at .4:00 P.M. Mrs.,Currp asked the Administrator if the $4,500 the City will be receiving 'from the Fischer Comipany on the settlement on the sewer line from the Middle School to the Lakeville treatment plant should: be spent.".fixing the line or wait until he work could be included under the SSES study the City is in the process of now with the 'Metropolitan Waste Control Commission. Mrs. Curry stated that she thought the Council should use or adopt the Roberts ` Rules of Order revised in he conduct of these meetings, that the City Attorney should handle all arbitration on contracts for the Gity. That one way to avoid conflict is to take a conflict management course offered by the University of Minnesota. That a public hearing should be set to consider the Public Works Director position, job description and function. The Council discussed the public hearing on the Public Works Director posi- tion amongst the members in an effort to'find-a date convenient to all mem- bers. It was. decided that the meeting would be set for Tuesday, May: 3, 1977 at 7:30 P.M. to review the Public Works Director `position, 'job<description as written and job function 'as it is :now being done. ` 7].174 Motion was made ,by Clarkson, seconded by<'Zaun to extend the meeting beyond .the 11:QO F.M.-adjournment time. Roll call was taken on the. motion. Ayes,`Emond, Mako, Curry, Zaun and Clarkson. At this time Hank Lau addressed the:Councl and raised several questions concern- ing the increasing City staff and City expenditures. Also, Felix Tillges appeared before the .Council and asked if the City was in- terested. in purchasing the Schmidt property located on the same black as the: Liquor Store as he has the house listed..for sale. Council members discussed the matter<and it was the concensus of :the Council that he City was not in- `'terested in purchasing the property:"at this time. 77.175: -Motion was made by Emond, seconded by Zaun to ad3ourn he Council meeting. Roll call was taken on the motion. Ayes, Emond, Mako, Curry, Zaun and Clarkson Timer 11:30 P.M.' Respectfully submitted, 1r% i / l~' c atrick E. Mc Garvey J ~ City Clerk i Edwar S. Mako,, or